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In addition to the penalties available for misdemeanors under California State law and the Petaluma Municipal Code, whenever deemed appropriate by the prosecuting attorney, the city shall petition a sentencing court to impose any or all of the following additional penalties upon conviction for violation of Section 10.29.040:

A. Where permitted under state law, that any defendant under eighteen years of age caught applying graffiti shall pay a fine of five hundred dollars for a first offense, one thousand dollars for a second offense, and one thousand five hundred dollars for a third offense and any defendant eighteen years of age or older caught applying graffiti shall pay one thousand dollars for a first offense, two thousand dollars for a second offense, and three thousand dollars for a third offense.

B. That the defendant clean up, repair or replace the damaged properly himself or herself, or that the defendant, and his or her parents or legal guardians, if the defendant is a minor, keep the damaged property or other specified property in the city free of graffiti for up to one year. This cleanup, repair or replacement obligation shall be at the defendant’s expense, or at the expense of the defendant’s parents or legal guardians if the defendant is a minor.

C. For each conviction of a person aged thirteen or older the city may petition the court to suspend existing driving privileges or delay the issuance of driving privileges in accordance with California Vehicle Code Section 13202.6.

D. That any defendant caught applying graffiti shall be required to attend and complete a diversion counseling program through the Petaluma People’s Services Center.

(Ord. 2240 NCS §1 (part), 2006.)